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I’m the owner of a residential unit in a mixed development in NSW, five commercial offices & 26 residential units, built in 2002.
In the basement there are parking spaces with storage cages for most (but not all) residential units and storage cages for all five offices. All on the plan.
My question is about how to check the validity of the allocation of an additional eight big storage cages to the commercial offices and one storage room to a residential unit. Each is marked “Exclusive use of Lot xx” on the plan. Our SM says, at great length, that there’s nothing to be done because it’s “on the plan” and therefore set in stone. A few years ago the SC took back our three Visitor parking spots that had been allocated as “exclusive use” to a commercial owner in the by-laws but my understanding was that was because the by-laws were contrary to the DA and therefore invalid.
I’m just not sure that we’re being given the correct advice and my brain is in danger of imploding. Any pointers would be a blessing and relief. Thank you in advance.
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My question is about how to check the validity of the allocation of an additional eight big storage cages to the commercial offices and one storage room to a residential unit.
I agree with the SM. If the allocations are on the registered strata plan, that’s what counts. The plan, of course, must be the registered plan.
But why are they “additional”? Is there an earlier registered strata plan that does not include them? In which case the latter registered strata plan shows a re-allocation of some common property? To alter the strata plan requires considerable approvals, including OC approvals and legal work.
The three visitor parking spaces are another matter. They are common property and probably should not have been re-allocated to anyone if that was contrary to the DA.
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